Case reopened: Investigators will look again at man who killed girl with car

PORTLAND, Ore. - Prosecutors say a case against a man who lost control of his car after suffering a diabetic episode and hit an 11-year-old girl, killing her, is being reopened after a KATU News investigation made them aware of additional details about the driver.

KATU News learned the driver, David Herman, was in a previous crash investigators said was caused by his failure to manage his medical condition.

The new development in the case came after the family of Kylie Hornych, the girl killed, turned to KATU after Washington County prosecutors announced they were not going to file criminal charges in the case against Herman. They were outraged.

"Because of somebody's carelessness and irresponsibility, a child was killed," Carolyn Duffy, Kylie's grandmother, told KATU on Thursday. "A child that didn't need to be killed. There was no reason, absolutely no reason for him to run out of his diabetic supplies. None whatsoever."

On April 4 Herman crashed into mailboxes, cars, swerved for a mile or so before crushing Kylie, while she was in her yard, and then crashed into her home at Southwest 160th and Farmington in Aloha.

Investigative documents obtained by KATU News show Herman told detectives he had a good history of managing his diabetes. The report says "When asked if Herman has ever lost consciousness due to low blood sugar, he recalled only once. He had overexerted himself working in the yard of a previous house."

But Herman was at the wheel of a single car crash into a tree on Northwest Science Park Drive, also in Washington County, according to an August 2007 accident report.

The police report, also obtained by KATU News, shows the deputy on that accident scene "asked the male if he was a diabetic. The male slurred, 'Yeah.' ... I asked the male when the last time he took his insulin. The male slurred, 'This morning.' I asked the male if he remembers what happened. The male replied, 'No.'"

On the report under "Driver Factors" that caused the crash, the deputy marked "Ill/Blackout."

He didn't ticket Herman but said he "recommended him to stop and get something to eat the next time as soon as he feels anything regarding his diabetes."

KATU News made the Washington County district attorney's office aware of the previous crash Thursday afternoon. Proseuctors asked for a copy of the report. Hours later, investigators went back out to interview him.

Late Thursday night, KATU News received a statement from the DA's office. It reads: "Investigators from the sheriff's office are in the process of following up on additional leads. No jeopardy has attached, no statute of limitations had run. When the investigation is complete, we will review and decide whether a presentation to grand jury is appropriate."